Davis v. Lumpkin
Mississippi Supreme Court
Davis v. Lumpkin, 58 Miss. 327 (Miss. 1880)
Campbell
Davis v. Lumpkin
Opinion of the Court
delivered the opinion of the court.
It was optional with the husband, to join in the suit, and, having become a co-complainant, he was liable to have the costs adjudged against him as against any other party.
In actions brought by virtue of sect. 1783 of the Code of 1871, against the wife and her husband, to enforce a demand “ for which her individual property is liable,” in which he is a party, not by his own act, but because of the legal requirement that he shall be, iio judgment can be rendered against him ; but where he joins his wife in instituting a suit, the fact that the object of the suit is to enforce a right of the wife does not relieve him from liability to costs as a party.
Motion denied.
Reference
- Full Case Name
- Orlando Davis v. Mattie J. Lumpkin and Husband
- Status
- Published
- Syllabus
- Costs. Taxed against husband, when formal complainant. Under sedt. 1783 of the Code of 1871, which provided that “ the husband and wife may sue jointly, or, if the husband will not join her, she may sue alone, for the recovery of any of her property or rights,” it was optional with the husband to join in such suit; and where he chose to do so, he made himself liable, upon failure in the suit, to be taxed with the costs, as any other party would be.